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Crimes Act 1900
315AInvestigation into fitness to plead
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315A Investigation into fitness to plead
(1) On an investigation into a defendant’s fitness to plead—
(a) the court must hear any relevant evidence and submissions put
to the court by the prosecution or the defence; and
(b) if the court considers that it is in the interests of justice to do so,
the court may—
(i) call evidence on its own initiative; or
(ii) require the defendant to be examined by a psychiatrist or
other health practitioner; or
(iii) require the results of the examination to be put before the
(2) Before hearing any evidence or submissions, the court must consider
whether, for the protection of the defendant’s privacy, the court
should be closed to the public while all or part of the evidence or
submissions are heard.
(3) The court must decide whether the defendant is unfit to plead.
(4) If the court finds that the defendant is unfit to plead, the court must
also decide whether the defendant is likely to become fit to plead
within the next 12 months.